TX: Bentley's Law Starts in Texas on 9/1

3,340 Views | 37 Replies | Last: 1 yr ago by BonfireNerd04
TxTarpon
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[url=https://www.kens5.com/article/news/crime/drunk-drivers-who-kill-parent-must-pay-child-support-new-law-mandates/273-e2b48eba-401f-4e3c-901f-21381d4d38df][/url]
Quote:

Drunk drivers who kill a parent must pay child support, new law mandates

Bentley's Law will go into effect in Texas as law enforcement enhances patrols statewide. It's part of an initiative to crack down on drunk driving.

SAN ANTONIO At midnight Friday, enhanced patrols will take over Texas roads.
Law enforcement is ramping up their efforts to catch drunk drivers. It's part of a larger initiative to remind all Texans about the dangers of drinking before getting behind the wheel.
This initiative called "Drive Sober. No Regrets" is launching just in time for Labor Day, running from August 18 to September 4.

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Beginning September 1, anyone convicted of intoxication manslaughter will pay child support if they kill a parent with young children.

Under the new law, drunk drivers will be required to make monthly payments until the child turns 18 or has graduated high school, whichever comes later.

If they are illegal aliens or "judgement proof" will they be arrested for contempt of court?
Old May Banker
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AG
Quote:

If they are illegal aliens or "judgement proof" will they be arrested for contempt of court?

They will be forced to pour house slabs, roof homes, build barbed wire fence, and lay brick to repay.
HDeathstar
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Don't like the grandstanding and pride associated with these laws.

This is a bad process of lawmaking. Why is intoxicated manslaughter any different/treated different than all the other manslaughters. People need to stop making special case hate laws. Another feel good law that messes up the judicial system.
Sims
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AG
HDeathstar said:

Don't like the grandstanding and pride associated with these laws.

This is a bad process of lawmaking. Why is intoxicated manslaughter any different/treated different than all the other manslaughters. People need to stop making special case hate laws. Another feel good law that messes up the judicial system.

Because it's essentially premeditated.
Kvetch
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AG
HDeathstar said:

Don't like the grandstanding and pride associated with these laws.

This is a bad process of lawmaking. Why is intoxicated manslaughter any different/treated different than all the other manslaughters. People need to stop making special case hate laws. Another feel good law that messes up the judicial system.


Or we can realize that some forms of crime are more morally egregious and punish them accordingly. Drunk driving is completely preventable and there are easy alternatives. If you choose to harm a family, I have no problem with you sustaining financial harm.
AGHouston11
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AG
I'm thinking since illegal aliens and rapists are basically allowed to continue on this will be no different for them.

There seems to be a different set of rules for illegal aliens.

For starters just ignore they are here illegally. Then ignore they also in many instances have no drivers license and insurance.

The paper plates are usually standard issue.
agracer
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AG
And how exactly are the guilty going to pay child support from jail?
stallion6
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AG
Sims said:

HDeathstar said:

Don't like the grandstanding and pride associated with these laws.

This is a bad process of lawmaking. Why is intoxicated manslaughter any different/treated different than all the other manslaughters. People need to stop making special case hate laws. Another feel good law that messes up the judicial system.

Because it's essentially premeditated.
So are other crimes.
Smittyfubar
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AG
Serious question, if you're in prison from the crime, how are you going to pay?
aggiez03
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AG
Drunk Driving is an equal opportunity offender, there are lots of congressman, senators, coaches, lawyers and other white collar workers that get busted for drunk driving as well.

Not everyone who drunk drives is broke.

But in answer to the question, on how they pay from jail, if they don't have the means while in jail, I would assume their wages would be garnished when they get out.

Since this a 100% preventable crime, I wish they would pass a law that says assets can be seized and given to the victims family.
It will never happen, cause this country is not serious about stopping drunk driving. Too many lawmakers realize they could be victims to their own laws.
jja79
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AG
Just skimmed this thread. This only applies to illegals? I would think the majority of DUI offenders are your coworkers, neighbors, regular people we run into every day.
Showertime at the Bidens
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It is an epidemic in San Antonio. I think they've cracked down recently, but a few years ago, it was out of control.
Urban Ag
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AG
That may be true but doesn't change the fact that illegals drive drunk at astonishing rates. Every in a convenience store around 4:00 PM? It's Modello time.

So many cops turn a blind eye to it, even when they get pulled over, because they don't want to deal with processing someone they know has no legal status here.
Urban Ag
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Zarathustra said:


It is an epidemic in San Antonio. I think they've cracked down recently, but a few years ago, it was out of control.

It's anywhere there is any residential construction going on. They start and end their day at the convenience store. They don't give a F about our laws and law enforcement mostly doesn't want to deal with them.
lethalninja
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If they go to prison, they would have to begin payments within one year of their release.
jja79
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AG
I see white guys, black guys, hispanic guys and guys wearing dress shoes and ties getting roadies. Maybe it is inordinately illegals but it doesn't seem so to me.
TxTarpon
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Old May Banker said:

Quote:

If they are illegal aliens or "judgement proof" will they be arrested for contempt of court?

They will be forced to pour house slabs, roof homes, build barbed wire fence, and lay brick to repay.
All while playing the deceased fav music instead Mas Latino Musica.
TxTarpon
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HDeathstar said:

This is a bad process of lawmaking. Why is intoxicated manslaughter any different/treated different than all the other manslaughters. People need to stop making special case hate laws. Another feel good law that messes up the judicial system.
See also Police Protection Act
See also Enhanced Sentencing for Assaults on Children
See also the aggravated part of Aggregated (insert offense here)
TxTarpon
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Urban Ag said:

Zarathustra said:


It is an epidemic in San Antonio. I think they've cracked down recently, but a few years ago, it was out of control.

It's anywhere there is any residential construction going on. They start and end their day at the convenience store. They don't give a F about our laws and law enforcement mostly doesn't want to deal with them.
Wait
Wait
Wait
I read on Texags.com (Link) that illegals cannot be hired on residential construction neighborhood projects because of Davis Bacon requirements.
TxTarpon
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Ag_B_10 said:

Serious question, if you're in prison from the crime, how are you going to pay?
Woman sentenced for deadly DWI crash to be released from prison on 'shock probation'
When you get out.
ABATTBQ11
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AG
TxTarpon said:

Ag_B_10 said:

Serious question, if you're in prison from the crime, how are you going to pay?
Woman sentenced for deadly DWI crash to be released from prison on 'shock probation'
When you get out.


This is ****ing stupid.
Shoefly!
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AG
AGHouston11 said:

I'm thinking since illegal aliens and rapists are basically allowed to continue on this will be no different for them.

There seems to be a different set of rules for illegal aliens.

For starters just ignore they are here illegally. Then ignore they also in many instances have no drivers license and insurance.

The paper plates are usually standard issue.

Maybe the people selling the paper plates should pay the child support!
Martin Cash
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jja79 said:

Just skimmed this thread. This only applies to illegals? I would think the majority of DUI offenders are your coworkers, neighbors, regular people we run into every day.
No. Applies to anyone. And I doubt you run into very many, if any, DUI offenders. DWI offenders, yes, but not DUI offenders.
Cromagnum
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lethalninja said:

If they go to prison, they would have to begin payments within one year of their release.


What do you mean "if"? If you are guilty of intoxication manslaughter you "are" going to jail.
vansprinkle
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AG
Yeah, I'm not a fan of this. Someone could have 2 drinks after work or at dinner, have an accident just like any other accident that happens 9/10 times every day, and be held accountable for something that may not be their fault.

Sure, getting absolutely hammered and driving home is one thing, but this could easily hit people that had a single drink and are 100% fine. What if they didn't cause the accident, but they're held accountable because they had a drink?

If we like they should clarify that anyone with a BAC over say .2 would be accountable for this law. .08 is such a small arbitrary number.

I know I'll get attacked for my opinion by all you "small govt" types, but it's still my opinion that adding extra penalties to things that are already illegal is just nonsense. I'll also add that I drink at home, a friends that I can walk to, or I Uber, 99% of the time.
jja79
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AG
I think you know what I meant. I'm not familiar with the legal difference between the two.
TxTarpon
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ABATTBQ11 said:

TxTarpon said:

Ag_B_10 said:

Serious question, if you're in prison from the crime, how are you going to pay?
Woman sentenced for deadly DWI crash to be released from prison on 'shock probation'
When you get out.


This is ****ing stupid.
Yep
TxTarpon
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Quote:

Yeah, I'm not a fan of this. Someone could have 2 drinks after work or at dinner, have an accident just like any other accident that happens 9/10 times every day, and be held accountable for something that may not be their fault.
This is Texas where you can run over and kill someone in the street and as long as:
a) you are not chemically impaired
b) you have no prior history with said person
c) you stop and render aid
d) you were not on your phone*

Then you ain't going to jail.




*Law varies by Jurisdiction
SW-14
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AG
It's a pretty safe bet that any law named after a dead child is going to be emotional nonsense. Good intentions and all, but poorly thought out.
TRADUCTOR
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Dreamers paying child support can still dream
lethalninja
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Usually, they go to prison, but intoxication manslaughter is technically eligible for probation.
eric76
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aggiez03 said:

this country is not serious about stopping drunk driving. Too many lawmakers realize they could be victims to their own laws.
It has been reported that there were 17,448 drunk driving deaths in 2001.

In contrast, on 9/11 that year, 2,996 lives were lost due to hijackers.

So nearly six times as many Americans died in the US in 2001 from drunik driving than from the actions of terrorists.

You are entirely correct -- we aren't all that serious about dealing with drunk driving.
annie88
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Old May Banker said:

Quote:

If they are illegal aliens or "judgement proof" will they be arrested for contempt of court?

They will be forced to pour house slabs, roof homes, build barbed wire fence, and lay brick to repay.


No, they won't, they won't pay a thing. They might serve time or get deported, but they won't end up paying anything.
Old May Banker
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AG
It was sarcasm.
Fenrir
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TxTarpon said:

Urban Ag said:

Zarathustra said:


It is an epidemic in San Antonio. I think they've cracked down recently, but a few years ago, it was out of control.

It's anywhere there is any residential construction going on. They start and end their day at the convenience store. They don't give a F about our laws and law enforcement mostly doesn't want to deal with them.
Wait
Wait
Wait
I read on Texags.com (Link) that illegals cannot be hired on residential construction neighborhood projects because of Davis Bacon requirements.
That's not even close to what your link says...
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